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Allahabad High Court

ARUN KUMAR SINGHversusJOINT DIRECTOR OF CONSOLIDATION AND OTHERS

Decided

Holding

The court condoned the delay, permitted substitution of the legal heirs as petitioners, and dismissed the writ petition as withdrawn.

Summary

The High Court of Allahabad considered applications filed in Writ Petition No. 6581 of 2008, originally filed by the deceased petitioner Arun Kumar Singh against the Joint Director of Consolidation and others. The petitioner sought condonation of delay for filing a substitution application to replace the deceased with his legal heirs, and later filed a withdrawal application stating that the heirs no longer wished to pursue the writ. The court found the explanation for the delay satisfactory and consequently condoned the delay, allowing the substitution of the heirs as petitioners Nos.1/1 to 1/4. Upon receipt of the withdrawal affidavit, the court accepted the petitioner's request and dismissed the writ petition as withdrawn, also vacating any interim orders. The applications were disposed of accordingly.

Issues considered

  • Whether the delay in filing the substitution application can be condoned.
  • Whether the legal heirs of a deceased petitioner may be substituted as petitioners.
  • Whether a writ petition may be dismissed as withdrawn upon the petitioner's request.

Subjects

  • civil procedure
  • condonation of delay
  • substitution of parties
  • withdrawal of writ petition
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - B No. - 6581 of 2008

Arun Kumar Singh
                                                               .....Petitioner(s)
                                   Versus

Joint Director Of Consolidation And Others
                                                          .....Respondent(s)

Counsel for Petitioner(s)       : Namwar     Singh,       Sanjay        Kumar
                                  Srivastava
Counsel for Respondent(s)       : C.S.C.

Court No. - 54
                 HON'BLE CHANDRA KUMAR RAI, J.

Order on Civil Misc.Delay condonation Application No.2 of 2019 and
Civil Misc.Substitution Application No.3 of 2019

1. Heard Mr. Sanjay Kumar Srivastava, learned counsel for the petitioner
and learned Standing Counsel for the State-respondents.

2. The instant applications have been filed in respect to the deceased-sole
petitioner along with the prayer for condonation of delay.

3. Explanation given for delay in filing the substitution application is
satisfactory.

4. Delay in filing the substitution application is condoned.

5. Let the word 'deceased' be mentioned against the name of sole
petitioner and the name of his legal heirs as mentioned in prayer clause be
substituted as petitioner Nos.1/1 to 1/4.

6. Applications are accordingly disposed of.

In Re: Civil Misc. Withdrawal Application No.4 of 2026

1. Heard Mr. Sanjay Kumar Srivastava, learned counsel for the
petitioner/applicant and learned Standing Counel for the Stae-respondent.

2. The instant application has been filed along with the affidavit of
petitioner no.1/3 stating that petitioners do not want to press this writ
                                                                                            WRIB No. 6581 of 2008
                                                                     2


                                    petition.

                                    3. In view of the averment made in the affidavit filed in support of the
                                    instant application as well as statements made by learned counsel for the
                                    petitioner, the instant application is allowed and Writ petition is dismissed
                                    as withdrawn.

                                    Order on Writ Petition

                                    1. In view of the order passed on withdrawal application, writ petition is
                                    dismissed as withdrwan.

                                    2. Interim order, if any, is vacated.



                                                                                      (Chandra Kumar Rai,J.)
                                    May 7, 2026
                                    PS*




Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad


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